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Universal Defense And Discussion On An Effective Defense System

Posted on:2011-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J CaoFull Text:PDF
GTID:2206360308962944Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The rule of Criminal law is the minimum requirements of the construction of nomocracy, while, the system of defence is the base of the Criminal law, which constently send out the humantic flavour from its birth, is a sword to confront with public rights and guarantee hunman rights to be fair and free. The rights of defence occupies the centre position during all the litigation rights of criminal suspect and defendant, and the other rights of them all work around the rights of defence. Without the centre, the other rights all lose its meaning of existence. While, now the status of criminal defence in our country is not very optimistic and there's a big gap no matter on the defence rate or quality comparing with the foreign. As for the cause, there's not only the defect of system but also the fallen concept. By scanning on the defending system, checking with the international defence standard and analysing the current problem, finding an effective way to overcome the defect and break through the barrier is an extremely urgent thing. In summary, improving the defending rate to realize general defence and strictly control the defending quality to realize effective defence are two basic requirments to perfect current system of defence. Specifically speaking, It should ensure prosecuted men have the chance to get professional defence at any criminal litigation stage, and also ensure the professional defence that they depend is active and effective. But as far as the condition of China, it's impossible to ensure both 100% general defence and perfect defending quality come ture, we have to adequately find current defence resources, connect the problem solving with the long-term development seeking together, promote the harmonious development of defence rate and quality step by step, and try best to make general defence and effective defence come ture. Around the perfection of the system of defence, the author would dissertate from the following five parts. The first part, to take off the current defence situation, scan the theoretical basis of defence system anew and find its sollen state. The author would discuss by the classification and order of defence system's existence, construction and operation. The second part, to analyze the development history of the defence system home and abroad and clear off its development vanation to prospect the development tendency. The third part, to find differences between domestic and foreign defence system, then learn from the good. The author would distinguish the conditions between domestic and international defence rate and defence quality, and then try to further clarify the international standards of the defence system. On the fourth part, the author would try to analyze the main reasons why Chinese have such low defence rate, and on the basis of this, to focus on the universal defence system construction which is including the legislative, development of the spirit of class incentive, to maximize the defendant resources. The last part, from the reasons why Chinese have such low defence rate, the author try to focus on the construction of effective defence system, such as learning lessons from invalid defence system, defence lawyers system, defence procedure system, etc.
Keywords/Search Tags:The rule of Criminal law, defence rate, general defence, defence quality, effective defence
PDF Full Text Request
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